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Southeastern Legal Foundation

Southeastern Legal Foundation v. Missouri School Boards’ Association

SLF Fights for Transparency and Public Comment at School Board Meetings

About the Case

School boards across America are changing the rules for public comment at their meetings in an attempt to intimidate and silence parents. In an effort to increase transparency, Southeastern Legal Foundation sent open records requests to various state school board associations seeking communications between the associations, local school boards, the National School Boards Association (NSBA), and the National Education Association (NEA) regarding public comment policies. When the Missouri School Boards’ Association (MSBA) refused to produce the requested records, SLF filed a lawsuit in Columbia, Missouri.

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As SLF explained in its October 2021 Open Letter to American Parents, those at the highest level of our government joined with the NSBA in an attempt to openly intimidate, harass, and silence parents speaking up for their children. After labeling parent advocates “domestic terrorists,” school boards across the country sought to change their policies for public comment—limiting not only who can speak and for how long, but also unconstitutionally limiting the content and viewpoints to be shared. That is why SLF submitted its Sunshine Law request to MSBA.

Missouri’s Sunshine Law provides transparency and access to public records and applies to corporations that enter into contracts with public governmental bodies as its primary purpose, or that engage primarily in activities under agreements with public governmental bodies.

SLF through its lawsuit seeks to have MSBA recognized as a “quasi-governmental” body owing to its function in the training of public school board members and related services for public schools. SLF sought documents and communications with NSBA and NEA that would shed light on MSBA, NSBA, and the NEA’s role in directing the processes of school board meetings. The NSBA allegedly colluded with the White House and Department of Justice to investigate parents at school board meetings as possible domestic terrorists. MSBA has since publicly distanced itself from the NSBA and the request to investigate.

Case Status

Closed

Court

Missouri State Courts

Why This Matters

In Fall 2021, Attorney General Merrick Garland ordered the FBI to take action to “protect”
school board members, who are government officials, from parents. The “crime” in question is
verbally disagreeing with school board policies on everything ranging from mask mandates to the
teaching of critical race theory in our nation’s public schools. His order added to the mounting
evidence across the nation that the Biden administration is using the awesome power of government to investigate, stifle, and silence criticism—a hallmark of totalitarian tyranny.

American parents quickly learned that the National School Boards Association and the National Education Association were linked to the letter and efforts to end public comment at school board meetings.

Kimberly Hermann, SLF General Counsel, explained why this suit was necessary:

When we see local school boards across various states all changing their policies in an effort to limit public comment and unconstitutionally silence parents, we have an obligation to the public to find out who is driving these changes. That is why SLF submitted its original Sunshine Law request to the MSBA.

According to Braden H. Boucek, the Director of Litigation for SLF,

When the government outsources its public functions to private corporations, the law demands an equal amount of public transparency. No function is more classically ‘public’ than public education, and since 1988 it has been the opinion of the Missouri Attorney General that MSBA is open to Sunshine Law requests.

Hermann continued,

The choice for America is quite simple. You either stand with the parents who simply want their kids to receive a color-blind education, or you stand with those seeking to silence them at all costs. The public has a right to know whether MSBA attempting to direct and control local school board meetings when parents express their outrage over what is happening in their children’s’ schools.

In the News

School board association sued for policies that ‘unconstitutionally silence parents’ (Just The News)

Why This Matters

In Fall 2021, Attorney General Merrick Garland ordered the FBI to take action to “protect”
school board members, who are government officials, from parents. The “crime” in question is
verbally disagreeing with school board policies on everything ranging from mask mandates to the
teaching of critical race theory in our nation’s public schools. His order added to the mounting
evidence across the nation that the Biden administration is using the awesome power of government to investigate, stifle, and silence criticism—a hallmark of totalitarian tyranny.

American parents quickly learned that the National School Boards Association and the National Education Association were linked to the letter and efforts to end public comment at school board meetings.

Kimberly Hermann, SLF General Counsel, explained why this suit was necessary:

When we see local school boards across various states all changing their policies in an effort to limit public comment and unconstitutionally silence parents, we have an obligation to the public to find out who is driving these changes. That is why SLF submitted its original Sunshine Law request to the MSBA.

According to Braden H. Boucek, the Director of Litigation for SLF,

When the government outsources its public functions to private corporations, the law demands an equal amount of public transparency. No function is more classically ‘public’ than public education, and since 1988 it has been the opinion of the Missouri Attorney General that MSBA is open to Sunshine Law requests.

Hermann continued,

The choice for America is quite simple. You either stand with the parents who simply want their kids to receive a color-blind education, or you stand with those seeking to silence them at all costs. The public has a right to know whether MSBA attempting to direct and control local school board meetings when parents express their outrage over what is happening in their children’s’ schools.

In the News

School board association sued for policies that ‘unconstitutionally silence parents’ (Just The News)

Case Documents

Complaint (April 19, 2022)

News Releases

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